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Form 16 Notice of Motion is a legal document required by the Provincial Court (Family) Rules to bring an application in a Provincial Court proceeding.
Serving the Notice of Family Claim The person who personally serves the other party must be someone over the age of 19 and cannot be a party to the action. The person who serves the opposing party will complete an Affidavit of Personal Service Form F15.
A notice of civil claim is a document that starts a lawsuit against you. The person who started the action is called the plaintiff and you are called the defendant. For more information on what a notice of civil claim is, review Starting a Claim. Generally, you must be personally served with the notice of civil claim.
To start a family claim, including for divorce, complete the Notice of Family Claim or Notice of Joint Family Claim. You usually do not have to go to court for uncontested or joint divorce applications. This is sometimes called a desk order divorce.
A Notice of Family Claim encompasses common family law topics such as divorce, spousal support, child support and property division. Those served with a Notice of Family Claim typically have 30 days in which to respond.
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What is a Desk Order Divorce or an Uncontested Divorce in BC? The desk order divorce is the process by which you can avoid having to appear before a judge to obtain your divorce. It requires that all marital issues are resolved or settled, and the only relief applied for is a simple divorce.
Youll need A blank Affidavit Desk Order Divorce (Form F38) A blank Child Support Affidavit (Form F37), if you have dependent children. A blank Requisition (Form F35) A blank Certificate of Pleadings (Form F36) A blank draft Final Order (Form F52) Your separation agreement or court orders. Your photo identification (ID)
You can apply to the court for a divorce any time after you separate the court will not grant a divorce until you have been separated for at least one year.

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